Spousal Support Modification & Termination in Maine

Modification of Spousal Support is permitted when there has been a substantial change in circumstances after the divorce.

This change may be substantial in either the payor’s ability to pay, the payee’s need for support, or both. If the payor’s capacity to pay has increased, the payee need not show a change in the need for support, just the level of the payee’s continuing need. The trial court must consider the parties’ present and foreseeable future circumstances.

After the trial court determines that there is a substantial change in circumstances, the Court must then consider all of the statutory factors governing spousal support once again. If the Court grants a Motion to Modify, it also has the discretion to order that the modification be retroactive to the date the Motion to Modify was filed.

Terminating Spousal Support

Once again, there must be a substantial change in circumstances in either the payor spouse’s ability to pay, the payee’s spouse’s need, or both.

The termination of Spousal Support is based on the payor’s ability to pay Spousal Support, which includes both the payor spouse’s actual earning and assets and the payor spouse’s potential earnings and assets.

Termination of Spousal Support cannot be based upon a change in financial circumstances due to the division of marital property or liability in the original Divorce Judgment.

A legal order that awards denies or modifies Spousal Support may dictate that the award persists after the death of either party or both.

Unless otherwise indicated in the Order, the obligation to make any payment stops upon the death of either party regarding any payment that is due yet or owed as of the date of death.